Is Living with a Married Partner in a Live-In Relationship Legal?

Over time, many judgments have come legalizing and recognizing the live–in relationships. The concept of live–in relationships has even been highlight in a movie call luka chhuppi to raise the awareness of live–in relationships. Along with the legal recognition, the court has regarded such a relationship as a relationship in the nature of marriage and have even granted certain marriage benefits like maintenance rights in case of separation.

History of Live – in relationship

The Domestic Violence Act was pass in 2005 in which the term relationship in the nature of marriage was insert which recognize the live-in relationship. After this, in 2010 in the case of Khushboo vs Kanniammal, the Supreme Court held that live-in relationships are not illegal and the two consenting adults have the right to live–in a relationship.

In 2015 in the case of D. Velusamy vs. D. Patchaiammal, the court held that a long-term live – in relationship could be consider as valid marriage and a woman will be entitle to maintenance after separation.

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Rules to determine relationship like marriage

The period of a relationship plays an important role. If the relationship has passed a significant time then that can be regard as a relationship like marriage.
It is important that over a significant time, the couple is living in a shared household in a domestic relationship.
The shared financial arrangement between the couple like a joint bank account, joint ownership of property is also a guiding factor.
The intention and behavior of parties should be such as indicating an intention of a long term relationship.
The couple should have an image of a married couple in the eyes of society. The duration of a relationship and their behavior in public make people perceive you as a married couple.

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Is a Live-in relationship with a married partner legal?

In 2018 in the case of Joseph Shine vs Union of India, the court annulled section 497 of IPC and held that this section is violative of Article 14 of the Indian Constitution as it treated men and women unequally.

The live–in relationship with any married partner does not attract any criminal liability now but it can attract the civil liability constituting the ground of divorce. The live–in relationship between two consenting adults whether they married or not is not consider illegal.

Legality and rights of children born out of live-in relationship

In the case of S.P.S. Balasubramanyam v. Suruttayan (1993), the court held that if a couple cohabits for a significant period, there will be a presumption of marriage. Therefore, the children born out of such a relationship will be consider as legitimate. They will be eligible to inherit the property of the family estate.

In 2010, in the case of Bharatha Matha v. Vijaya Renganathan, the court gave a portion of parents’ property to the children born out of the live-in relationship.

Future of Live–in Relationship

There has been a gradual shift towards more progressive values and acceptance of live-in relationships. The society is accepting personal choices and alternative lifestyles.
As people become more financially independent, there has been a gradual shift towards non-traditional living arrangements like live-in relationships.
The younger generation is more open-minded and liberal, hence it is accepting live-in relationships as a lifestyle choice.
The Supreme Court through its recent judgments has recognized the live–in relationship. There is a need for a comprehensive law on live–in relationships.